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't want to purchase. when the same lawsuit was filed in virginia, by the attorney general of virginia, ken keusch cuccinelli, that's been on your show, a federal judge in virginia appointed by a democratic president said when the government tried to dismiss the case, you know what, the attorney general of virginia is right, congress has never done this before, she have a -- they have a very strong argument to say it doesn't have this power, i'm not going to dismiss the indicate -- the case. so the passer in florida, a lawsuit, joined by 19 other states, the federal government doesn't reply with an answer, it replies with an appeal to dismiss the lawsuit so, the judge will only dismiss the lawsuit if there's no legal basis for it whatsoever. there is. martha: will it be let's move on to the next step? >> correct. the next step will then be a legal analysis of the history of the commerce clause and whether the constitution was written to give congress this kind of power. for example, suppose the congress declares that the sun causes skin cancer. that would be a reasonable statement to make.
of west virginia, he wants to be a democratic senator, just yesterday, he came out and said tax cuts should be held in place. he joins people like joe lieberman, ben nelson of nebraska, bill nelson of florida, jim webb of virginia, all these are moderate democrats. how do you buck that trend when these people are drib ling out by the day? >> you're exactly right, bill. if the conservative -- the conservative democrats are worried, they understand that what's been driving this conversation for the longest time has been that the white house has not been paying sufficient attention to the economy, that the unemployment numbers remain high, and that most americans are pessimistic about what the future holds, and this is everything from the tax hike to the decifit. but for the moment, what we saw last week was the president going on the offensive and saying where are the ideas, where is the help coming from with republicans and the white house has forced congressman boehner to say he would agree to tax cuts even if it meant the tax cuts for the rich weren't coming through. that as you kno
for politics at the university of virginia and joins me, good to have you here. i want to play for folks who tuned in with the interview with christine o'donnell, and i wanted your thoughts on that race. >> my opponent has a liberal record that does not resonate with the people and had to resort to dirty true u-tricks and mud slinging but i'm confidents, the polls reflect the voters are seeing right through it. martha: what are the polls telling you about the race. >> it is very, very close, and the republicans face a conundrum in delaware, tomorrow night. essentially, their choice is this: they can pick christine o'donnell with whom i think they agree on more issues, she's clearly more conservative, than the other candidate, congressman mike castle, who is a moderate to liberal republican, and the problem is, delaware is a democratic state. and, every poll i have seen, public and private, suggests that mike castle will win the seat in november, defeating democrat chris kuhns, and christine o'donnell will probably lose the seat in november and it is a conundrum, do you go with the candidate
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